Land Acquired, Subject to Certain Rights Reserved, for a Car Park, in the City of Auckland Pursuant to sections 20 and 50 of the Public Works Act 1981, and to a delegation from the Minister of Lands, the Manager, Regional Crown Property Services, Land Information New Zealand, Auckland, declares that, an agreement to that effect having been entered into, the land described in the First Schedule is hereby acquired, subject to the rights herein reserved and more particularly described in the Second Schedule, for a car park and shall vest in The Auckland City Council (hereinafter together with its sucessors and assigns, called ``the council''), on the date of publication in the New Zealand Gazette. First Schedule North Auckland Land District Area m Being 1158 Part Lot 8, D.P. 43684; marked ``A'' on plan. 16 Part Lot 8, D.P. 43684; marked ``B'' on plan. 171 Part Lot 8, D.P. 43684; marked ``C'' on plan. 9 Part Lot 8, D.P. 43684; marked ``D'' on plan. 194 Part Lot 8, D.P. 43684; marked ``E'' on plan. 28 Part Lot 8, D.P. 43684; marked ``F'' on plan. 172 Part Lot 8, D.P. 43684; marked ``G'' on plan. 1350 Part Allotment 2, District of Tamaki; marked ``H'' on plan. 23 Part Allotment 2, District of Tamaki; marked ``I'' on plan. 260 Part Allotment 2, District of Tamaki; marked ``J'' on plan. 12 Part Allotment 2, District of Tamaki; marked ``K'' on plan. 273 Part Allotment 2, District of Tamaki; marked ``L'' on plan. 38 Part Allotment 2, District of Tamaki; marked ``M'' on plan. 232 Part Allotment 2, District of Tamaki; marked ``N'' on plan. Shown marked as above mentioned on S.O. Plan 67876, lodged in the office of the Chief Surveyor at Auckland. Second Schedule North Auckland Land District Reserving to Her Majesty the Queen acting by and through New Zealand Railways Corporation, pursuant to the New Zealand Railways Corporations Act 1981, and amendments (hereinafter together with their successors and assigns called ``the Crown'') as easements in gross; Firstly Rights of Way The full, free, uninterrupted and unrestricted right, liberty and privilege for the Crown, its servants, tenants, agents workmen, licensees and invitees (in common with the council, its tenants, and any other person lawfully entitled so to do) from time to time and at all times by day and by night to go pass and repass, with or without machinery and implements of any kind, but without vehicles, over and along the land described in the Third Schedule hereto (the ``pedestrian access'') which the right of way is granted or created together with the rights, powers and obligations implied in all registered rights of way easements in Part IX and in the Ninth Schedule of the Property Law Act 1952, except that reference to vehicles therein shall be omitted and the word ``driveway'' shall be omitted and in substitution the words ``pedestrian access'' inserted; and Secondly Right to Convey Electricity The full, free, right, liberty and license to convey electricity under, on or over the surface of that portion of the land described in the Fourth Schedule hereto (called ``the electricity easement'') and for that purpose to lay, place and maintain any electric power cable or cables and any other conducting media and to build and maintain any structures necessary for the conveyance of electricity whether together or separately and to relay, replace, rebuild, alter or repair any cable, cables, other conducting media or structures under, on or over the surface of the electricity easement together with the full, free, right, liberty and license for the Crown, its servants, agents, workmen, licensees and invitees (in common with the council its tenants and any other person or persons lawfully entitled so to do) with or without vehicles laden or unladen and with or without tools, machinery and equipment to from time to time and at all times as occasion may require to enter upon the said electricity easement as aforesaid and such other areas surrounding as may be necessary or convenient for the purposes of these presents herein reserved, provided that: (a) Any cable, cables, conducting media or other structures laid placed or constructed by the Crown shall be solely for the benefit and use of the Crown alone or such other persons as the council may from time to time agree with in writing to allow to use the said cable, cables, conducting media and structures if any; (b) The Crown shall at all times repair and maintain such cable, cables, conducting media, structures and associated works as may be constructed or laid through, on or under that part of the electricity easement in pursuance of these presents in a good and efficient state of repair for the purposes for which the same are designed and will prevent the same becoming a nuisance; (c) The Crown shall cause as little damage as possible to the surface of the electricity easement and any vegetation fences or erections thereon; (d) Any opening of the surface of the electricity easement shall be filled in by the Crown as soon as possible after the necessary work for which the opening was made has been completed and the surface levelled off in a proper manner and resurfaced if necessary to restore it to the condition it was in prior to the work being done and all damage (if any) to fences or other erections on the said electricty easement made good and restored to their prior condition in a proper and workmanlike manner; And the council shall not at any time on, over or under the electricity easement without the prior written permission of the Crown: (a) Place any buildings, erections or fences or permanent improvements of any nature or plant or allow or suffer to grow any tree or shrub; (b) Do permit or suffer any act whereby the rights, powers, licences and liberties herein reserved to the Crown may be interfered with or affected; or (c) Do permit or suffer any act whereby the said conveyance of electricity may be interfered with or damaged; And in respect of both easements Arbitration All disputes and differences which may arise between the Crown and the council (hereinafter called ``the parties'') concerning these easements reserved shall be submitted to the arbitration of a single arbitrator if the parties can agree upon one but otherwise to two arbitrators (one to be appointed by each party hereto) and their umpire (who shall be appointed prior to their entering upon arbitration) such arbitration to be carried out in accordance with the provisions of the Arbitration Act 1908 or any subsisting statutory provisions relating to arbitration; and Surrender The Crown may, at its sole discretion, fully or partially surrender the easements herein reserved by memorandum of transfer or by declaration published in the New Zealand Gazette, pursuant to section 42 (4) (a) of the Public Works Act 1981. Third Schedule North Auckland Land District Right of Way Easement Land Area m Being 9 Part Lot 8, D.P. 43684; marked ``D'' on plan. 28 Part Lot 8, D.P. 43684; marked ``F'' on plan. 12 Part Allotment 2, District of Tamaki; marked ``K'' on plan. 38 Part Allotment 2, District of Tamaki; marked ``M'' on plan. Shown marked as above mentioned on S.O. Plan 67876, lodged in the office of the Chief Surveyor at Auckland. Fourth Schedule North Auckland Land District Electricity Easement Land Area m Being 16 Part Lot 8, D.P. 43684; marked ``B'' on plan. 23 Part Allotment 2, District of Tamaki; marked ``I'' on plan. Shown marked as above mentioned on S.O. Plan 67876, lodged in the office of the Chief Surveyor at Auckland. Dated at Auckland this 14th day of November 1996. G. A. DAWSON, Manager, Regional Crown Property Services (Auckland). (LINZ Ak. R.O. RLWY: 21-333)1CL